Georgia Wage and Hour Investigations: What you need to know

Employers must maintain records of the hours worked and the wages paid to each employee covered by the Georgia Minimum Wage Law. Those records must be open to inspection by the state Department of Labor commissioner (or his or her authorized representative) at any reasonable time, and upon demand, the employer must provide a sworn statement of the hours worked and the wages paid (GA Code Sec. 34-4-5).

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The commissioner has the authority to request witnesses to appear and to produce pertinent records for examination. If a person does not cooperate with such a request, the commission can ask the superior court to order the person to cooperate (GA Code Sec. 34-5-4).

Minimum wage violations. An employer that fails to pay an employee the appropriate minimum wage at any time within the last 3 years may have to pay the difference between the amount paid and the applicable minimum wage, an additional amount equal to the original claim, costs, and reasonable attorney's fees (GA Code Sec. 34-4-6).

Wage discrimination on the basis of sex. It is illegal for an employer to discriminate against an employee, solely on the basis of gender, by paying that employee less than an employee of the opposite sex. In a civil action, the employer may have to pay the unpaid wages and costs and a reasonable attorney's fee of up to 25 percent of the judgment. A fine of up to $100 also applies if an employee is discharged or discriminated against for making a wage discrimination complaint, causing such a proceeding, or testifying in such a proceeding (GA Code Sec. 34-5-5).

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.